Legal Question in Family Law in Virginia

Re: no court order

Your income as well as the mother's would need to be evaluated and factored into the calculations required under the Virginia Child Support Guidelines found at Sec. 20-108.2 of the Code of Virginia. You should review these to get an idea as to how each parent is apportioned an appropriate share of the total child support obligation and how additional expenses such as daycare and medical/dental expenses are factored into the calculations.

Whether or not you would be entitled to

a reduction in your current support obligation could only be determined by "running the numbers", so to speak, through the guidelines and seeing where you come out.

However, one thing is for certain, if the matter goes before a Virginia Court or the DCSE for a determination, your current obligation to pay child support will be determined by the application of these guidelines to your particular situation as well as to the mother's.

Re: no court order

Adding to Mr. Hendrickson's correct analysis, I calculated the support you would pay based on your relative salaries, both with and without the credit the mother would get when she has her second child (but without taking into account the cost to you of providing health care for your child, if ther is a cost). I have also not included the addition to support for work-related child care costs, which the mother must surely have since she has a significant income.

Your current level of support seems to be about right, and it makes very little difference whether her credit for having another child is included; with that credit, and without the additional support for work-related child care, the Virginia guidelines suggest support of $364 per month; take out the credit and the amount is $352. Since you have about 40% of the combined income, it would take about $100 in work-related child support to bring that number up to the $400 you are now paying. Any more that $100 for child care would increase your support.